Seoul High Court 2011Nu31057 (Law No. 12, 2012)

early 2010west258 ( December 29, 2010)

(Procedure of Hearing) If the mortgagee and the nominal mortgagee are different, it shall not be deemed as a title trust.

(The substance of the original trial) The imposition of gift tax pursuant to a title trust is recognized as an exception to the substance over form principle, so its application should be strictly interpreted, and the case where the actual mortgagee and the mortgagee in the name of the shares are different from the actual mortgagee, it cannot be interpreted that the actual owner of the said provision and the nominal owner are included in the case of

2012Du4999 Revocation of Disposition of Imposition of Gift Tax

XX Kim

Head of Nowon Tax Office

Seoul High Court Decision 2011Nu31057 Decided January 12, 2012

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final